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to protect the rights of individual inventors—those glassworkers and the generations of ingenious people who toiled in their garages,
th
century intellectual property law increasingly became
attics, and simple labs—in the 19
a special interest of corporations.
A particular stimulus for the corporate takeover of intellectual property law was the late
nineteenth century public reaction against the power of giant corporations such as
Standard Oil and AT&T. Before the creation of the Sherman Antitrust Law of 1890, a
U.S. law that forbade major corporations from colluding in suppressing competition, U.S.
firms regularly violated the rights of individual inventors and used their discoveries
without payment. But the antitrust law—antitrust means anything opposed to
monopolistic business practices, “trust” being another word for a cartel or a small group
th
of companies that knowingly cooperate in manipulating markets—scared late 19
century capitalists into employing another strategy. Forbidden from cooperating as
individual entities to benefit themselves and each other, large corporations began a
massive wave of mergers in the late nineteenth century. The result was that big
companies became much larger, and they began to pool their historically small research
and development efforts in the form of large corporate labs.
With this greater attention to research and development among these newly merged
firms, the legal need to protect th无忧论文 【http://www.uklunwen.com】is research became clear. In 1885, only 12% of patents
were taken out by corporations (the majority being individual inventors); by 1950
approximately 75% of patents were held by corporations. The ability of corporations to
hold patents was significantly eased by the controversial amendment to the U.S.
constitution that conferred on corporations the same legal status as individuals, thus
allowing corporations to evade previous rulings that restrained them from controlling
intellectual property. Moreover, since corporations have far greater power than
individuals, companies assumed the status of super-individuals, with rights equal to
ordinary human citizens and yet resources and influence far in excess of even the
wealthiest or most famous of people. The key section in the fourteenth amendment to the U.S. Constitution. Is below.
Subsequent interpretation of this amendment defined corporations, as well as people, as
legal persons.
“Section 1. All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state deprive any person of
life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.”
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